Canon City News

Commissioners to take final action Sept. 24

By Carie Canterbury

canterburyc@canoncitydailyrecord.com

Posted:
09/03/2013 09:58:14 PM MDT

Fremont County Undersheriff Ty Martin addresses the board of Fremont County Commissioners regarding retail marijuana Tuesday during a public hearing at the Fremont County Administration building. (Carie Canterbury/ Daily Record)

The Board of Fremont County Commissioners during a public hearing Tuesday unanimously approved on first reading a county ordinance prohibiting the operation of retail marijuana cultivation facilities, retail marijuana product manufacturing facilities, marijuana testing facilities and retail marijuana stores in the unincorporated areas of Fremont County.

County Attorney Brenda Jackson said a second reading, with no public hearing, will be Sept. 24, after the ordinance is published in full. Final action will occur at that time.

Under Amendment 64, Jackson said, state and local jurisdictions do not have the authority to prohibit personal marijuana use or growth in their own homes for personal use. Existing medical marijuana facilities are still lawful in the state and may continue to operate.

The commissioners heard from nearly 50 individuals before voting on the issue.

"One of the things that I have truly weighing on my mind that I have not heard anyone speak of this morning is the impact that recreational marijuana could have on economic development here in Fremont County," said Board Chair Debbie Bell. "

She said that while several people Tuesday spoke about their jobs at medical marijuana growth facilities, people considering coming to Fremont County with large industry have asked what the county is going to do with recreational marijuana.

"When I talk to economic developers who looking to come to Fremont County, their question is 'is this what I am looking at? Because if if is, I am not coming,'" she said.

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She said retail marijuana likely will not positively impact the local economy.

"I have a fear that it is going to do the opposite," she said. "And the only growth that we would be seeing is jobs in recreational marijuana. I am afraid that the exact opposite would happen, and it would shut down any other new businesses from coming here."

Bell said in 2012, Fremont County voted in opposition to allowing recreational marijuana. She said 9,813 people (48.76 percent) voted to allow it while and 10,311 people (51.24) voted against it.

"What I am hearing from people in Penrose is we don't want to become known as the pot capital of Colorado," she said.

Commissioner Ed Norden said if he were to agree to retail license, he would want to see a revenue stream in place first.

"To pin my hopes on the poles that the tax is going to pass I don't think is responsible," he said.

He said the way Amendment 64 was written wasn't responsible, either, because no TABOR language was included.

"But it is what it is and that's my concern," Norden said. "The proponents of Amendment 64 cleverly did not include the tax question in Amendment 64, instead opting simply letting voters decide whether to make small possessions of marijuana a constitutional right; but it says nothing about taxation or regulating market place."

"This came from an individual in the marijuana industry, he said, 'This is a black hole that we're all getting sucked into, and no one knows what's on the other side' and I feel that's right," he said. "I've always said it's here, it's not going anywhere, let's go ahead and tax it, but it's too complex to do it that simply."

Norden said if Colorado voters approve a tax in November, he is willing to take another look at transitioning medical marijuana to recreational.

"I need some more information as to what the revenue potentials are and what the prospects for fees would be; and if we go forward with that, we won't be able to put a local tax question on the ballot until November 2014," he said. "The fact of it is even though Fremont County voted against it, the voters of Colorado made it legal, and one way or another, we have to come to the realization that we're going to have to deal with it."

Norden said he believes the threat to social and moral issues remains.

"But it gives me no ground to stand on because it's now legal in Colorado and our responsibility as a board is how we're going to deal with it in our boundaries of Fremont County."

"There have been a lot of opinions, but the fact is that the voters of Fremont County did vote it down and those are the people who sign our paychecks," Payne said.

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